GENERAL TERMS AND CONDITIONS

1. BACKGROUND

The purpose of this document is to regulate the GENERAL TERMS AND/OR CONDITIONS of the Booking and Pre-booking services (hereafter, and interchangeably, Booking and Pre-booking services or Services) of Filgest Srl, with registered office in Modica (RG)SP74 km 0+400 c.da Cava Gucciardo, C.F. and P.IVA 00753810886. The terms "You/You" and "User" are used here in reference to any individual and/or entity that for any reason accesses the sites of Filgest Srl or uses the services.The use of these services implies the full and unconditional acceptance and validity of all and all General Conditions and/ or Conditions - which are considered automatically incorporated into the contract entered into with Filgest Srl, without the need for your written transcript in the same - included in the latest version of these General Conditions and / or Conditions.  

2. USE OF RESERVATION AND PRE-PRENOTION SERVICES

2.1. Pre-booking services

The pre-booking services are purely informative, and their sole purpose is to offer users the opportunity to consult the availability of the rooms in the hotel or in the city of their interest. Prior to confirming your booking, you acknowledge that there are certain restrictions in force in the selected hotel in relation to certain services that may not be available during your stay or that relate to the limited use of certain areas of the hotel. These restrictions are due to the current situation caused by Covid-19 and the related limitations requested, which the user may have previously encountered. Within 24 hours,the user will receive an e-mail confirming the booking, which will therefore be binding only after acceptance by Filgest, through its confirmation by e-mail and the success of the payment by the user. The user must verify the confirmation of the booking and immediately report in writing to Filgest any errors.

2.2. Reservation services

 a) The purpose of the Reservation Services is to book a room at any Filgest hotel. The use of these services requires full and unconditional acceptance and validity of all individual terms and/or conditions, which will be considered as automatically incorporated into the agreement signed with Filgest without requiring a written transcript thereof, included in the most up-to-date version of these terms and/or conditions.

 b) Procedure of the contract: When the user uses this service, he will receive a confirmation via e-mail that includes confirmation that the customer’s purchase order is subject to the confirmation process. If the user is already a customer, once paid the amount related to the Booking will receive a confirmation email that will be valid as proof of the booking itself. The name of the credit card holder must correspond to the name of the guest staying at the hotel. Upon check-in, the credit card used to make the reservation will be requested to verify the details. The owner of the credit card must be present at check-in.

 c) Guarantee: The reservation is confirmed and guaranteed overnight by credit card. If the customer does not show up, without prior notification, the cost of the first night will be charged (VAT and taxes included).

  d) Termination of the agreement or cancellation of a reservation. A credit card is only a guarantee. A cancellation of the reservation by the user will not imply charges for early cancellation, provided that this occurs within the deadline specified on the day of arrival (16:00). Once this limit is exceeded, Filgest will charge a cancellation fee as compensation, equal to the price of the first night (VAT and taxes included).
This clause is not valid for reservations made with special rates. In this case, the relevant special conditions will apply.

  e) CANCELLATION FEE: There is no credit card charge if the cancellation takes place within 48 hours before the day of arrival at the hotel (local hotel time). If the cancellation takes place during the 48 hours before arrival, 50% of the total cost of the reservation will be charged to the credit card. If the client does not show up, without prior notification, 100% of the total cost of the reservation will be charged.
These clauses are not valid for reservations made with special rates. In this case, the relevant special conditions will apply.

   f) Children’s Policies: Children’s policies in all our hotels are subject to the hotel’s facilities and determined by the hotel’s administration, as stipulated in the applicable contracts.
   g) Rules on minors: Minors under the age of 18 who are staying at the hotel must be accompanied by their parents, teachers or other duly authorised adults. Hotel staff may request documentation to identify adults such as parents/teachers as authorized persons.

   h) Rates per room and per night: Rates are valid only in written form and only for the period indicated. Filgest reserves the right to change these prices without notice where there are justifiable reasons. Booking rates are specified during the booking process. VAT is applicable to these prices without prejudice to the application of local taxes in accordance with the local rules in force. These local taxes must be paid directly at the hotel.

    i) The prices shown at the time of booking include VAT (or equivalent tax) according to the applicable rate. If the tax rate changes in the period between the date of reservation and the date of provision of services, resulting in a price difference, depending on the tax regulation, the rate applied to the final price will correspond to the rate applicable at the time the services are provided or to the instalment; even if the rate at the time of delivery of the services should lead to an increase in the final price compared to that communicated to the customer at the time of booking.

2.3 The user undertakes to use the services in accordance with the Law, decency, respectability and public order, as well as with the provisions of these General Terms and/or Conditions. Consequently, the user has the obligation to refrain from using these services with illicit purposes and effects and/ or contrary to what is established in these General Terms and Conditions, in a way which may be prejudicial to the rights and/or interests of third parties or which may in no way harm Filgest and/or its image or services.

 2.4. Any special requests or preferences indicated by the Client in relation to the rooms (such as nearby rooms, on the ground floor, with double beds, etc.) are not binding for Filgest that will be free to welcome them or not.
 2.5. For greater agility and in the interest of its users, Filgest may change unilaterally and at any time without notice the services provided or the operating or technical conditions, as well as the conditions of use of the services. Similarly, users, to improve the service and establish optimal quality levels (the fundamental objective of Filgest) can make suggestions for changes they deem useful by contacting the site managers via the following address:mail: info@modicaboutiquehotel.it.

3. THE CUSTOMER

3.1. The Client, whose booking has been regularly confirmed by Filgest and then paid according to the rates chosen, has the right to regularly use the services booked, even if in compliance with the regulations of the accommodation.
3.2. The Customer is obliged, at the latest at the time of departure, to pay all the fees due, including additional fees, related to extra services/ services of which the same Customer and/ or the persons who accompanied him, beyond the tourist tax if provided; the credit card indicated as guarantee at the time of booking can be used by Filgest for the payment of all fees due, including additional fees.

3.3. The Customer is also liable for any damage suffered by Filgest or third parties, including other Customers, caused by him or caused by persons for whom he is responsible.
3.4. The Client cannot claim the extension of the stay, which must always be previously requested and then expressly accepted by Filgest. If the Client cannot leave the Hotel on the scheduled date due to exceptional and extraordinary and unforeseeable circumstances (e.g. in the case of natural disasters, floods, strikes, etc.) and objectively precluded all the possibilities to travel, the stay will be automatically extended for the duration of the impediment, also at other accommodation indicated by Filgest. The latter is authorized in such cases to charge at least the price applied in low season.
3.5  If the Customer is not satisfied with the services provided, the related complaint must necessarily be communicated without delay on site and directly to the Management of the structure.

4. FILGEST

4.1. If the Client refuses to pay the fees due, even for additional services purchased on site, Filgest, in addition to being able to use the credit card indicated as guarantee at the time of booking, in accordance with art. 2760 c.c. will also have the right of retention and pledge on the things of the customer that are located in the hotel.

4.2 The hotel is required to provide the services and services booked and confirmed in accordance with its own standard. The hotel can make available to the customer an adequate replacement accommodation (of equal quality), for example and not exhaustive, in the case of a room unfit for use, in the case of an extension of the stay of the previous occupants of the room in question, in case of overbooking and in all cases where the hotel’s needs require such a replacement. Any additional costs related to the replacement accommodation shall be borne by the hotel.

4.3 Filgest reserves the right to make changes and carry out even extraordinary maintenance to the structures, even during the period of opening to the public. As part of the necessary maintenance activities, the Customer will consent, without being able to claim refunds and/ or indemnification, to work in the rooms or other parts of the accommodation during their stay at the same.
  
4.4 Filgest can terminate the contract with immediate effect in the event that the Client: uses the premises with serious damage to the property or makes intolerable cohabitation with other guests by holding a bully, rude, careless behavior, scandalous or in any case reckless or guilty of acts or omissions against Filgest, staff, other guests and/or persons in the hotel, which are punishable by law as a criminal offence, where he is suffering from a contagious disease or a disease exceeding the agreed period of stay or where special care is required. If the enjoyment of the stay is not possible for events of force majeure (e.g. natural disaster, strike, lock-out, order of the Authorities, etc.). Filgest may terminate the contract at any time without prior notice and without the Customer being entitled to claim damages and/or indemnities.

5. LIABILITY FOR DAMAGE TO PROPERTY

Filgest is liable for damages suffered by the Customer only if the damage occurred on the premises of the structure and the same or its employees are responsible.
If and in so far as it fails to demonstrate that the damage was not caused by Filgest itself, its employees or persons attending the facility, Filgest is liable for things introduced into the premises by the Customer up to a maximum amount equivalent to one hundred times the daily price paid, even in the event of deterioration, destruction or subtraction of things, valuables, money and securities.
However, Filgest is not liable when the damage or subtraction has occurred due to the fact of the customer, force majeure or the nature of the thing.
The storage of objects can be refused if they are dangerous (that is, potentially capable of causing damage), too bulky or of excessive value.
Things are considered introduced into the structure at the time they are taken over by a member of the staff of the accommodation facility or are brought to a place, within the accommodation facility, intended for the custody of the same.The Customer must report the fact without undue delay to the management of the structure in order not to lose the right to compensation (art. 1785 b c.c.).

6. PROTECTION OF DATA

This section provides information on data processing in relation to bookings and pre-bookings.
WHO IS RESPONSIBLE FOR PROCESSING THE DATA OF THE DATA CONTROLLERS?
     Identity: FILGEST S.R.L.
     Tax No 00753810886
     Postal address: SP74 km 0+400 C.da Cava Gucciardo, 97015 Modica (RG)
     Data Protection Officer: you can contact our DPO via the following e-mail address: info@modicaboutiquehotel.it
     Postal address: SP74 km 0+400 C.da Cava Gucciardo, 97015 Modica (RG)
     Please indicate in the subject "Data Protection Officer". 

FOR WHAT PURPOSES AND FOR HOW LONG WILL FIGLEST PROCESS YOUR PERSONAL DATA?
  • Account holders are informed that the data provided will be processed by FILGEST S.R.L. for the following purposes:
  • Management of reservations and/or prior bookings requested by the user.
  • Sending of the confirmation or documentation of the reservation made.
  • Sending of commercial communications by Filgest, in case relative consent has been given.

WHAT USER DATA WILL BE PROCESSED BY FILGEST? 
  • For the correct provision of the service, Filgest will process the following categories of data:
  • Identification data: name, surname, nationality. 
  • Contact information: email address, telephone number. 
  • Data on transactions for goods and services with Filgest: Products and services purchased or those on which interest has been expressed.
  • Preferences of stay.
  • Economic, financial and insurance data.
  • Other data: data provided by data subjects in the free fields. 

The data requested from the Owner are mandatory and necessary for the correct provision of the service that, in their absence, cannot be provided. If the required data are not mandatory, this will be highlighted on the form. If the user provides third-party data, declares to have the consent and undertakes to transmit to them the information of the Privacy Policy, therefore exempting Filgest from any liability in this regard. However, Filgest reserves the right to carry out periodic checks to confirm the above, taking due diligence, in accordance with data protection regulations.

WHAT IS THE JUSTIFICATION FOR THE PROCESSING OF USER DATA? 

The justification for the processing of personal data will be the execution of the contract between the parties. For the sending of commercial communications, the consent of users will be required.
The consents obtained for the aforementioned purposes are not bound by each other and the user can revoke one without invalidating the others.
For withdrawal of consent, the User can contact Filgest through the following methods: info@modicaboutiquehotel.it 

WITH WHICH RECIPIENTS WILL USER DATA BE SHARED? 

The user data can be communicated to: 
Companies belonging to or affiliated to Filgest, which require access to data for the correct provision of the services chosen. The data will also be communicated to the owners of the hotels, which will then be made aware of the conditions of the stay (price, dates, services included, etc.), for the sole purpose of providing the services in the most correct manner. Some of these individuals may be outside the European Economic Area, even in countries that do not offer a level of protection comparable to that of Italy.

STORAGE OF DATA

The personal data provided will be held for the duration of the contractual relationship and, once terminated, for the duration of the limitation period provided for by law with regard to any related legal actions.
In relation to the data used for sending commercial communications, these will be stored until the user withdraws their consent. However, in case of withdrawal of consent, the lawfulness of the processing carried out previously will not be affected.

PROCESSING OF THIRD-PARTY DATA

In case the user provides third-party data, declares to have the consent and undertakes to transmit to them the information contained in this section and to inform Filgest about any change or update thereof.  

RIGHTS OF MEMBERS REGARDING THEIR DATA

By sending an e-mail to info@modicaboutiquehotel.it and mentioning "Data Protection", together with a copy of an attached identification document, you can, at any time and free of charge, exercise the following rights:
  • Withdraw your consent to the processing and communication of your personal data.
  • Obtain information on whether or not to process your personal data. 
  • Access to them.
  • Correct any inaccurate or incomplete data.
  • Request the deletion of your personal data if, for any reason, they are no longer necessary for the purposes for which they were obtained.
  • To limit the processing of data when one of the conditions laid down in data protection legislation is met.
  • In certain circumstances and for reasons relating to their personal situation, interested parties may object to the processing of their data.
  • Request the portability of data. 
  • Submit a complaint to the Spanish Data Protection Agency at the following address: SP74 km 0+400 C.da Cava Gucciardo, 97015 Modica (RG), Italy, when it is believed that the Data Controller has violated the rights granted to users by data protection law.
  • The data subject may contact the Data Protection Officer of the Data Controller.
  • e-mail: info@modicaboutiquehotel.it 
  • Postal address: SP74 km 0+400 C.da Cava Gucciardo, 97015 Modica (RG)

7. CORRECT USE OF THE CONTENTS OF THE WEBSITE BY THE USER


7.1. Filgest declares to be the owner of the industrial property rights (brands, trade names, etc.) that appear on this website and/or to use them in a legitimate manner under agreements or licences of use, and that they are duly protected by existing industrial property legislation. The user undertakes to use the website in compliance with the law, with diligence and fairness and, in particular, undertakes to avoid:

7.1.1 The removal, subtraction or manipulation of copyright, trademarks and any other data that allows the identification of the rights of Filgest or other holders, included in the content and/or products offered on the market through the Filgest website, as well as all technical protection devices, digital markings and any other information mechanisms that may contain them.

7.1.2 The use of the content, and in particular of information related to Filgest obtained through the website for the purpose of sending advertising, communications to promote direct sales or any other type of commercial purpose, unsolicited messages addressed to a variety of people.

7.1.3 Reproducing or photocopying, distributing, facilitating access to the general public through any means of public communication, transformation or modification of content, except where authorised by the holder of the relevant rights or where legally permitted.

7.1.4 In general, the use of the content with methods or purposes or consequences contrary to the Law, decency, respectability and public order. Filgest does not grant any license or permission for use of any kind with respect to its industrial and intellectual property rights, or any other property or right relating to its website.

7.2 Procedure in case of Infringement of Intellectual Property Rights. If a user or a third party considers that any content published on the website infringes their intellectual property rights, they must notify Filgest including precise and complete data and intellectual property rights that are presumed to have been infringed, as well as the website. 

8. RIGHT TO AMEND THE GENERAL TERMS AND/OR CONDITIONS


Filgest reserves the right to modify the General Terms and/or Conditions, informing users about it through www.modicaboutiquehotel.it .

9. EXCLUSION OF GUARANTEES AND LIABILITY

9.1. Filgest does not guarantee the reliability, availability or continuity of the services offered to the user and, consequently, excludes any liability for any damages due to lack of availability, reliability or continuity of its website or its services, However, it will seek to facilitate, to the extent of its capabilities, technical support for the person in question and will seek to remedy immediately any interruptions in service by implementing alternative measures within its capabilities.

9.2 Filgest does not accept to control and has no previous control over viruses or elements within its contents, which may alter the software or hardware of the user or of the persons visiting the web pages and therefore will not be liable for any damage of any kind that may result.

9.3 In the event that, despite efforts to operate with due care and foresight, Filgest is not able to offer the rooms booked for reasons not attributable to Filgest, or where it is impossible to offer the services in accordance with the terms and conditions agreed, Filgest will offer the user the choice between a refund of the total amount paid and the replacement with other rooms of comparable category and quality. If the service resulting from the replacement should be of lower category or quality, Filgest is obliged to pay the difference.

9.4 Art. 47 of D. Lgs. 6 September 2005 n. 206 c.d. "Consumer Code" expressly excludes the applicability of the discipline of contracts concluded outside commercial premises, distance contracts and the related right of withdrawal to contracts falling within the scope of the regulations concerning travel, holidays and "package tours.

10. RIGHT TO PROTECT GENERAL TERMS AND/OR CONDITIONS


In the event that part of the provisions of these General Terms and/or Conditions is declared void, unenforceable or unenforceable, the remaining Terms will remain unchanged under the agreed terms. Filgest undertakes to replace this provision by respecting as far as possible the intent initially pursued by the parties. 
Nothing in this contract shall affect in any way the rules in force in relation to consumers. if you are not a consumer, you expressly waive your right of abandonment.

11. www.modicaboutiquehotel.it AND ACCEPTANCE OF THE RULES OF USE

You are aware that the use of these Pre-booking and Booking services requires full and unconditional acceptance of each of the provisions of the www.modicaboutiquehotel.com Terms of Use, in the version published by Filgest at the time the user subscribes to the services. These Terms of Use complete these General Terms and/or Conditions in all aspects not contradictory to them. Consequently, the user must be aware of the importance of reading the rules relating to the website before accessing and/or making use of the services. 
The user/client can submit any type of complaint using the following e-mail address info@modicaboutiquehotel.it. 

12. COMPETENT JURISDICTION

These General Terms and/or Conditions are drawn up in accordance with Italian law. 
For any and all disputes that may arise in relation to their validity, execution, compliance or termination, in whole or in part, Filgest and the user, expressly waiving its defence or any other competent place, agree that only the Court of Ragusa will be competent. 
This agreement constitutes the full and complete agreement between Filgest and you, and supersedes all prior written or oral agreements, commitments, statements and agreements previously existing between both parties. 
February 2021